HomeMy WebLinkAboutCEB AGENDA PKT 06-19-14 (2)Call to Order
Roll Call
City of Cape Canaveral
nmunity & Economic Development
D -D.
&#A
REGULAR MEETING
201 POLK AVENUE
JUNE 19,2014
600 1`411.
Establish Next Meeting Date: July 17, 2014
IIII.J-1 u-m-alrellm"t
Any member of the public may address any items that do not appear on the agenda and any
agenda item that is listed on the agenda for final official action by the Code Enforcement Board
excluding public hearing items which are heard at the public hearing portion of the meeting,
ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or
emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The
Code Enforcement Board may schedule items not on the agenda as regular items and act upon
them in the future.
2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established;
Section 34-98(6) Building Appearance and Maintenance; Section 78-27, Connection with
Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and
Structures; Section 110-296, Area and Dimension; Section 110-468, Accessory Structure;
Section 110-491, Number of Spaces Required; Section 110-551(a)(2)(b), Location of
Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of the Florida Fire
Prevention Code as adopted by Section 38-26, of the City of Cape Canaveral Code of
Ordinances, (350 Monroe Ave.) - Antonio Romano, Property Owner.
3. Case No. 14-00026 - Violation of Section 78-128, Change of Use; Section 78-121,
Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of
Ordinances, (8501 Astronaut Blvd.) - Elpidasmar Management LLC, c/o Pantelis
Markogiannakis, Property Owner; Saigon Restaurant, LLC, c/o Hai T. Tran, Business
Owner.
110 Polk Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
e-mail: J.,�(, ofca � �c Lorg
-ity anayera
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Code Enforcement Board
Agenda
June 19, 2014
Page 2
4. Case No. 14-00015 — Violation of Section 110-582, Swimming Pool Barriers, of the City
of Cape Canaveral Code of Ordinances, (808 W. Central Blvd.) — Branislav Kunik,
Property Owner.
5. Case No. 14-00035 - Violation of Section 110-355, Prohibited Uses and Structures, of the
City of Cape Canaveral Code of Ordinances; and Section 502.1, Dwelling Units, of the
International Property Maintenance Code, as adopted by Section 82-221, of the City of
Cape Canaveral Code of Ordinances, (301 Imperial Blvd., Unit C-43) — John C. Benton,
Property Owner.
6. Case No. 14-00042 - Violation of Section 110-295, Prohibited Uses and Structures, of the
City of Cape Canaveral Code of Ordinances; and Section 302.1, Sanitation; Section
303.14, Window, Skylight and Door Frames; Section 304.3, Interior Surfaces; Section
505.3, Supply, of the International Property Maintenance Code (1998 edition), as adopted
by Section 82-221, of the City of Cape Canaveral Code of Ordinances, (226 Polk Ave.) —
Russell L. Moots, Property Owner
Pursuant to Section 286.0105, F.S., the City hereby advises the public that: If a person decides to appeal any decision
made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible
or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is
accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings
should contact the Building Department (321)868-1222 48 hours in advance of the meeting.
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
APRIL 17, 2014
6:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida was
held on April 17, 2014, in the Cape Canaveral Public Library Meeting Room at 201 Polk
Avenue, Cape Canaveral, Florida.
Chairperson Mary Russell called the meeting to order at 6:00 PM. The Board Secretary called
the roll.
Mary Russell
Raymond Viens
Christopher Cloney
Walter Godfrey
James Hale
Ralph Lotspeich
Lynn Mars
OTHERS PRESENT
Duree Alexander
Brian Palmer
Gary Stepalavich
Todd Morley
Joy Lombardi
Kimberly Kopp
Chairperson
Vice -Chairperson
Code Enforcement Officer
Code Enforcement Officer
Building Official
Community & Economic Dev. Director
Board Secretary
Assistant City Attorney
The Board members established that the next meeting would be held on May 22, 2014.
Assistant City Attorney Kopp swore in all persons giving testimony.
Assistant City Attorney Kopp swore in the new Board Member Christopher Cloney,
NEW BUSINESS:
Approval of Meeting Minutes: February 20, 2014.
Motion by Mr. Viens, seconded by Mr. Hale, to approve the meeting minutes of February 20,
2014, as written. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
April 17.2014
Page 2
COMPLIANCE HEARINGS:
2. Case No. 12-00003 - Violation of Section 105.1, Permit Required; Section 109.1,
hn
Inspections General, of the Florida Building Code, as adopted by Section 82-31. of the
City of Cape Canaveral Code of Ordinances; Section 34-96(d), Standards Established;
Section 34-98(6) Building Appearance and Maintenance, Section 78-27. Connprtin with
Sewer Required; Section 78-128, Change of Use; Section 110-292, Principal Uses and
Structures; Section 110-296, Area and Dimension: Section 110-468, Accessory
Structure: Section 110-491, Number of Spaces Required;. Section 110-551(a)(2)(b),
Location of Recreational Vehicles: and Section 31.3.4.5.1, Sm�o_keAjarms, of the Florida
Fire Prevention Code as adopted bv Section 38-26, of the City of Cape Canaveral Code
of Ordinances, (350 Monroe Ave.) — Antonio Romano, Property Owner.
Code Enforcement Office[Duree Alexander provided an overview of the Case history �and
presented exhibits for the Board's review.Officer that the violation is forthe
condition of the st[UC[uP3. Officer Alexander St8had that this Case was presented to the Board
for CODOp|iaDCR Hearings On 98v9ro| OcCgSiUnS and was granted additional time. Officer
Alexander reported that the Respondent has submitted plans for review and an incomplete
permit application.
Officer Alexander respectfully requested that the Board find the Respondent in OnD-cDDlp|i8Oce
of the Board Order, and be given until June 19. 2014 to oJnle into COODp|i3Oc8 or impose the
fine in the amount Ofone hundred and fifty dollars /$15O.00\for the first day and one hundred
dollars /$1O0.U0\per day until found in compliance.
Motion by Mr. \iens,seconded by Mr. Hale, to accept Staff's recommendation and find the
Respondent in DOO-COrOp|ianDe and be given until June 19, 2014h} come into CODlo/i8nce or
impose the fine iRthe amount 0fone hundred and fiftv�V|k3rG/�15OOO\hJrLh8���d8 �
—� `_ � , day one
hundred dollars ($100.00) per day thereafter UOb| found in COnl[di8nQe. \/Ot8 on the OnOUOD
carried unanimously.
3. Case No. 13-00047 — Violation of Section 110-468, Accesso,ry Structures, of the City o
Cape Canaveral Code of Ordinances, (625 Manatee Bay Dr.) — Donceel, Randal Craig
Code Enforcement Officer E]h8D Palmer provided an overview of the Case history and
p[SSeDteKj exhibits for the Board's [eViBvV {]ffic8[ Palmer testified that the Vi0|@tiVD is for the
construction of an accessory structure in the front yard.
Craig DODC88|' pnDoartv owner, stated that he is [gqUeSUDg GO 8XtHOGiOD of time due to the f8CL
that there has not been a Planning & Zoning Board meeting since he appeared before the Code
Enforcement Board in NOweDlb8[. M[. []Oncee| expressed that he is 8b|| interested in the
proposed language revision of the Code to provide an opportunity to apply for a variance.
Code Enforcement Board
Meeting Minutes
April 17, 2014
Page 3
Todd Morley, Community & Economic Development Director, testified that Mr. Donceel has
been very diligent with his request. Mr. Morley explained that Staff has decided to take a
different approach and will present a draft revision of the overall variance process to the
Planning & Zoning Board in May. He further stated that the proposed revision would provide
more opportunities for variance requests and redevelopment.
Officer Palmer respectfully requested that the Board find the Respondent in non-compliance of
the Board Order, and be given until June 19, 2014 to come into compliance or impose a fine in
the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars
($75.00) per day thereafter until found in compliance.
Motion by Mr. Viens, seconded by Mr. Hale, to accept Staff's recommendation and find the
respondent in non-compliance and be given until June 19, 2014 to come into compliance or
impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first day and
seventy-five dollars ($75.00) per day thereafter until found in compliance. Vote on the motion
carried unanimously.
PUBLIC HEARINGS:
4. Case No. 13-00109 - Violation of Section 105.1 Permit Required• Section 110. 1,
Inspections General, of the Florida Building Code, as adopted by Section 82-31, of the
City of Cape Canaveral Code of Ordinances, (283 & 285 E. Central Blvd) — Charles W.
& Helen Chapman Pindziak, Property Owners.
Code Enforcement Officer Duree Alexander requested that this Case be withdrawn from the
agenda due to notification.
5. Case No. 14-00026 - Violation of Section 78-128, Change of Use: Section 78-121,
Established; and Section 78-99, Fees, of the City of Cape Canaveral Code of
Ordinances, (8501 Astronaut Blvd.) — Elpidasmar Management LLC, c/o Pantelis
Markogiannakis, Property Owner: Saigon Restaurant, LLC c/o Hai T. Tran, Business
Owner.
Code Enforcement Officer Duree Alexander provided an overview of the Case history and
presented exhibits for the Board's review. Officer Alexander testified that the violation is for
nonpayment of sewer impact fees. Officer Alexander stated that Saigon Restaurant, LLC was
notified on February 5, 2013 that impact fees were due for (45) additional seats. Officer
Alexander explained that the amount due is $9,037.12 based on the City's Schedule of Fees.
Pantelis Markogiannakis, property owner, requested additional time to consult with his attorney.
Officer Alexander respectfully requested that the Board find the Respondent in violation of
Section 78-128, Change of Use; Section 78-121, Established; and Section 78-99, Fees, of the
City of Cape Canaveral Code of Ordinances, and be given until June 19, 2014 to come into
compliance or impose a fine in the amount of one hundred and fifty dollars ($150.00) for the first
day and seventy-five dollars ($75.00) per day thereafter until found in compliance.
Code Enforcement Board
Meeting Minutes
April 17, 2014
Page 4
Motion by Mr. Godfrey, seconded by Mr. Viens, to accept Staff's recommendation and find the
respondent in violation and be given until June 19, 2014 to come into compliance or impose a
fine in the amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five
dollars ($75.00) per day thereafter until found in compliance. Vote on the motion carried
unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 6:31 P.M.
Approved on this day of , 2014.
Mary Russell, Chairperson
Joy Lombardi, Board Secretary
City of Cape Canaveral
Community
;.. Economic Development Depa
rtment
III
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Respondent(s):
Antonio Romano
Location of the Violation:
350 Monroe Avenue, Cape Canaveral, FL 32920
PI: 24 -37 -23 -CG -00021.0-0014.00
CASE No. 2012-00003
DATE: 5/30/14
A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement
Board on June 19, 2014, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the
City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondents) as set forth in the 4th Amended Order
Imposing Penalty on First Violation (Amended as to Additional Time) attached as EXHIBIT "A" and
shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07,
Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL, A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DATED this 7th day of April, 2014
L'� e&j
Duree Alexander, Code Enforcement Officer
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.cityofcapecanaveral.org a email: info@cityofcapecanaveri.org
City of Cape Canaveral
Community & Economic Development Department
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Antonio Romano
Owner of the Property located at:
350 Monroe Avenue
Cape Canaveral, FL 32920
LEGAL: AVON BY THE SEA LOTS 14,15 BLK 21 PLAT BOOK 0003 PAGE 0007
PARCEL ID: 24 -37 -23 -CG -00021.0-0014.00
Respondent,
Case #12-00003
4th AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
tAMENDED AS TO ADDITIONAL TIME)
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on June 21, 2012 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the
property. The Board, having heard the arguments of the parties and the evidence presented
and having reviewed the record and being otherwise fully advised, makes the following Findings
of Fact and Conclusions of Law incorporated into this Order as set forth herein.
W 44
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 105.1, Permit Required; Section 109.1, Inspections
General, of the Florida Building Code, as adopted by Section 82-31, of the City of Cape
Canaveral Code of Ordinances; Section 34-96(d), Standards Established; Section 34-98(6)
Building Appearance and Maintenance; Section 78-27, Connection with Sewer Required;
Section 78-128, Change of Use; Section 110-292, Principal Uses and Structures; Section 110-
296, Area and Dimension; Section 110-468, Accessory Structure; Section 110-491, Number of
Spaces Required; Section 110-551(a)(2)(b), Location of Recreational Vehicles; and Section
31.3.4.5.1, Smoke Alarms, of the Florida Fire Prevention Code as adopted by Section 38-26, of
the City Code, exist or existed upon the Property and Respondent was further provided a
reasonable time to correct said violation;
75 10 N. Atlantic Avenue ® Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 a Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaveral.org
Case #12-00003
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 105.1, Permit Required; Section 109.1, Inspections General, of
the Florida Building Code, as adopted by Section 82-31, of the City of Cape Canaveral Code of
Ordinances; Section 34-96(d), Standards Established; Section 34-98(6) Building Appearance
and Maintenance; Section 78-27, Connection with Sewer Required; Section 78-128, Change of
Use; Section 110-292, Principal Uses and Structures; Section 110-296, Area and Dimension;
Section 110-468, Accessory Structure; Section 110-491, Number of Spaces Required; Section
110-551(a)(2)(b), Location of Recreational Vehicles; and Section 31.3.4.5.1, Smoke Alarms, of
the Florida Fire Prevention Code as adopted by Section 38-26, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
6. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on September 20, 2012.
7. Respondent had representation present at a duly noticed Compliance Hearing
held by the Code Enforcement Board of the City of Cape Canaveral, Florida on January 17,
2013.
8. Respondent had representation present at a duly noticed Compliance Hearing
held by the Code Enforcement Board of the City of Cape Canaveral, Florida on March 21, 2013.
9. Respondent was not present at a duly noticed Compliance Hearing held by the
Code Enforcement Board of the City of Cape Canaveral, Florida on April 17, 2014.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT ISHEREBY
ORDERED:
1. Respondent be given until June 19, 2014 to correct any violation of the City Code
on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property, Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred and fifty dollars ($150.00) for the first day and one hundred dollars
($100.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
Case #12-00003
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of April, 2014.
Lei a VA61
/2",Mary Ru II, Chairperson
Copies furnished to:
Antonio Romano, Property Owner
City of Cape Canaveral, Case File
oCape Canaveral
.-,ommunity & Economic Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
CASE No. 2014-00026
DATE: 5/29/14
Complainant,
V.
Respondent(s):
Elpidasmar Management, LLC, C/O Pantelis Markogiannakis, R.A.
Saigon Restaurant, LLC, C/O Hai T. Tran, R. A.
Location of the Violation:
8501 Astronaut Blvd, Cape Canaveral, FL 32920
PI: 24-37-15-00-00835.0-0000.00
A COMPLIANCE HEARING will be conducted before the City of Cape Canaveral Code Enforcement
Board on June 19, 2014, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the
City of Cape Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Order Imposing Penalty
On First Violation attached as EXHIBIT "A" and shall make a determination as to whether such
violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY,iTHE CITY OF APPEAL
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL OF THE STATE OF • OF
'
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARDS HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
D TED this 29th day of May, 2014
&0J6aALe--
Duree Alexander, Codd Enforcement Officer
7510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - Fax: (321) 868-1247
wwwcityofcapecanaveral.org - email: info@cityofcapecanaveral.ora
City of Cape CanaveraJ
Community & Economic Development Department
CODE ENFORCEMENT BOARD
CITY OF
CAPE CANAWR" CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, Case #14-0002it
A Florida municipal corporation,
Complainant,
V.
Elpidasmar Management LLC
c/o Pantelis Markogiannakis
Owner of the Property located at:
8501 Astronaut Blvd.
Cape Canaveral, FL 32920
LEGAL: PART OF GOVT LOT 4AS DESC IN ORB 5321 PG 3501
PARCEL ID: 24-37-15-00-00835.0-0000M
Respondent,
THIS CAUSE having come on for consideration, after being duly noticed, before the
Code Enforcement Board of the City of Cape Canaveral, Florida, on April 17, 2014 to determine
whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on
7101 Ridgewood Avenue, Unit 105, Cape Canaveral, Florida ("the property"). The Board,
having heard the arguments of the parties and the evidence presented and having reviewed the
record and being otherwise fully advised, makes the following Findings of Fact and Conclusions
of Law incorporated into this Order as set forth herein.
Ormjff-7m r RM
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. That Respondent was provided a Notice of Violation in accordance with Section
2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with
sections 162.06 and 162.12, Florida Statutes;
2. That a violation of Section 78-128, Change of Use; Section 78-121, Established;
and Section 78-99, Fees, of the City Code, exist or existed upon the Property and Respondent
was further provided a reasonable time to correct said violation;
3. That Respondents either failed or refused to correct such violation within the
reasonable time period provided in the Notice of Violation; that the Respondent was provided
notice of hearing before the Code Enforcement Board and was present at the hearing;
7510 N. Atlantic Avenue , Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 9 Fax: (321) 868-1247
www.cityofcapeca,naveral.org - email: info@cityofcapecanaveral,org
Case #14-00026
4. That based on the testimony and evidence presented, Respondent has violated
the City Code, to wit: Section 78-128, Change of Use; Section 78-121, Established; and Section
78-99, Fees, of the City Code;
5. That said violations exist or existed within the City of Cape Canaveral and that
such constitutes violation of the City of Cape Canaveral Code of Ordinances.
BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY
ORDERED:
1. Respondent be given until June 19, 2014 to correct any violation of the City Code
on the Property; and
2. If Respondent fails to correct the violation within the time period set forth herein,
the Code Enforcement Officer shall schedule a compliance hearing before the Code
Enforcement Board and Respondent shall be duly noticed and given an opportunity to appear
and present evidence as to the status of the violation on the Property. Upon a finding by the
Code Enforcement Board that the Property remains in violation, a fine will be immediately
entered upon a filing of a Notice of Non -Compliance by the Code Enforcement Officer, in the
amount of one hundred and fifty dollars ($150.00) for the first day and seventy-five dollars
($75.00) per day thereafter until the violation is corrected and full compliance is confirmed by
the Code Enforcement Officer. Respondent shall be responsible to provide notice of such
violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code
Enforcement Officer shall promptly file a Notice of Compliance;
3. If Respondent fails to correct any and all violations on the property within the time
period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County, Florida, which shall serve
as a lien against the Property and any other real or personal property owned by the
Respondent;
4. Any and all future recurrence(s) of any violation(s) addressed herein after same
have been corrected shall necessitate further proceedings before the Code Enforcement Board
without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that
the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine
not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on
the first day the repeat violation(s) is / are found to exist.
5. The Code Enforcement Board hereby reserves the right to take further necessary
action against the Respondent(s) to enforce this Order and correct any violation(s) on
Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape
Canaveral Code, Chapter 2, Article VI.
Case #14-00026
DONE AND ORDERED at Cape Canaveral, Florida, this 17th day of April, 2014.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russ
l 1, Chairperson
Copies furnished to:
Elpiclasmar Management LLC
c/o Pantelis Markogiannakis
City of Cape Canaveral, Case File
*'-/ity of Cape Canaveral
Community & Economic Development Department
THE CITY OF CAPE CANAVERAL CASE No. 2014-00015
A Florida Municipal Corporation, DATE: 06/04/2014
Complainant,
V.
Respondent(s):
KUNIK, BRANISLAV
Location of the Violation:
808 W CENTRAL BLVD, CAPE CANAVERAL 32920
Parcel ID: 24-37-15-51-00000.0-0005.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June
19, 2014, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation
attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are
corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape
Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: infciafca�ecanaveral.org
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS
MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED.
DATED this 4th day of June, 2014
Brian Palmer, Code Enforcement Officer
75 10 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl, 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofeapecanaveral.org e-mail: infoL&cityofca ecanaveraleorJ
City of
Cape
Canaveral
Community & Economic Development Department
NO'T'ICE OF VIOLA'T'ION
VERAL CASE NO. 2014-00015
)n, Date: 2/13/2014
Owners of the property located at:
808 W CENTRAL BLVD, CAPE CANAVERAL 32920
Parcel ID: 24-37-15-51-00000.0-0005.00
Respondent(s):
KUNIK, BRANISLAV
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or
the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violations(s) has/ have
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME
PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE
CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
L Property where violation(s) exit(s):
808 W CENTRAL BLVD, CAPE CANAVERAL 32920
2. Marne and address of owner(s) of property where violation(s) exist:
KUNIK, BRANISLAV
808 CENTRAL BLVD W
CAPE CANAVERAL, FL 32920
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcgpecanaveral.org e-mail: info( a�cityofemec4ggyeral.or�
Page 2
2014-00015
Our office received a complaint regarding your pool not being enclosed with a pool barrier. A
records search revealed the final inspection was rejected because the pool was not enclosed.
The records review also showed the permit has expired.
3e Description of Violation(s) at property: Sec. 110-582. Swimming pool barriers:
Swimming pool barriers shall be required pursuant to F.S. Ch. 515, and the Florida Building
Code, as adopted by chapter 82 of this code.
F.S. 515.29 Residential swimming pool barrier requirements.
(1) A residential swimming pool barrier must have all of the following characteristics:
(a) The barrier must be at least 4 feet high on the outside.
(b) The barrier may not have any gaps, openings, indentations, protrusions, or structural
components that could allow a young child to crawl under, squeeze through, or climb over the
barrier.
(c) The barrier must be placed around the perimeter of the pool and must be separate from
any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other
enclosure or portion thereof is situated on the perimeter of the pool, is being used as part of the
barrier, and meets the barrier requirements of this section.
(d) The barrier must be placed sufficiently away from the water's edge to prevent a young
child or medically frail elderly person who may have managed to penetrate the barrier from
immediately falling into the water.
(2) The structure of an aboveground swimming pool may be used as its barrier or the barrier
for such a pool may be mounted on top of its structure; however, such structure or separately
mounted barrier must meet all barrier requirements of this section. In addition, any ladder or
steps that are the means of access to an aboveground pool must be capable of being secured,
locked, or removed to prevent access or must be surrounded by a barrier that meets the
requirements of this section.
(3) Gates that provide access to swimming pools must open outward away from the pool and
be self-closing and equipped with a self -latching locking device, the release mechanism of
which must be located on the pool side of the gate and so placed that it cannot be reached by a
young child over the top or through any opening or gap.
(4) A wall of a dwelling may serve as part of the barrier if it does not contain any door or
window that opens to provide access to the swimming pool.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral ori e-mail: info ,c ityafcecanaveral.or
(5) A barrier may not be located in away that allows any permanent structure, equipment, or
similar object to be used for climbing the barrier.
4. Recommend ation(s) to correct the violation(s) described above:
® Obtain a permit
• Enclose pool with a barrier
® Obtain a final inspection
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action, as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral, (321) 868-1222.
Brian Palmer
Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.or e-mail: info keityofcapecai�avqjal. org
City of Cape Canaveral
AL
CASE No. 2014-00035
DATE: 5/30/14
Respondent(s):
John C. Benton, P.O.
Canaveral Storage Condominium Association, Inc., C/O Marilyn R. Rigerman, R.A.
Location of the Violation:
301 Imperial Blvd., Unit C-43, Cape Canaveral, FL 32920
PI: 24-37-15-00-00794.9-000.00 &00795.0-0000.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June 19,
2014 at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Violation
attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes and Chapter 2, Article VI, of the City of Cape Canaveral
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE,
WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
DATED this 30th day of May 2014
Duree Alexander, Code Enforcement Officer
7510 N. Atlantic Avenue ® Post Office Box 326 e Cape Canaveral, FL, 32920-0326
Telephone: (321) 868-1222 ® Fax: (321) 868-1247
www.cityofcapecanaveral.org - email: info@cityofcapecanaverd.org
City of Cape Canaveral
Community & Economic Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
CASE NO. 2014-00035
Date: 4/8/14
Owners of the property located at:
301 Imperial Blvd., Unit C- 42 & C-43, Cape Canaveral, FL 32920
PI: 24-37-15-00-00794.9-000.00 &00795.0-0000.00
I I't 1' , I ,
Canaveral Storage Condominium Association, Inc., CIO Marilyn A. figerman, R. A.
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically described
below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s)
described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set above or the
corrected
violations(s) recur(s) even if the violations(s) is/are ri e forth A bat the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this noticetil the violations(s) ave
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED un has 1h
REQUIRED, THE RESPONDENT(S) MUST IMMEDIAT WITHIN TEE TIME PERIOD
ENFORCMENT OFFICER AND REQUEST AN INSPECTION. ELY NOTIFY THE CODE
1. Property where violation(s) exist(s):
301 Imperial Blvd, Unit C-42 & C-43, Cape Canaveral, FL 32920
2. Name and address of owner(s) of property where violation(s) exist:
John C. Benton & Canaveral Storage Condominium Assoc. Inc.,
P.O. Box 1181 C/O Marilyn A Rigerman, R. A.
Cape Canaveral, Fl, 32920 200 North First Street
Cocoa Beach, Fl, 32931
7510 N. Atlantic Avenue , Post Office Box 326 , Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 a Fax: (321) 868-1247
2014-00035
Page 2
Our office has received complaints regarding the use of your storage unit as a residence. Staff
has made contact with you on several occasions, and has informed you that this is not a permitted
use. The Brevard County Sheriffs office conducted a night inspection and has provided staff
with documentation that you are using the storage unit as a residence. This is a violation of the
following City Codes.
3. Description of Violation(s) at property: Sec. 110-355. Prohibited uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are prohibited:
(1) All uses not specifically or provisionally permitted in this division and uses not in keeping
with the light industrial and research and development character of the district.
(2) Any use deemed objectionable by the standards established in section 110-466 et seq.
Section 110-1, Definitions. Mini -storage means the renting of storage space which is utilized for
the incidental storage of personal effects, which space shall not exceed 280 square feet of net
floor area. When used for such a purpose, such property may not be used in combination with
any other use, with the exception of storage garage.
Section 82-221, International Property Maintenance Code Adopted (IPMC). The International
Property Maintenance Code.
IPMC Section 502.1 Dwelling Units. Every dwelling unit shall contain its own bathtub or
shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe
working condition. The lavatory shall be placed in the same room as the water closet or located
in close proximity to the door leading directly into the room in which such water closet is
located. A kitchen sink shall not be used as a substitute for the required lavatory.
4. Recommendation(s) to correct the violation(s) described above:
• Pursuant to the above stated definition, the unit is considered a Mini -storage unit and not
a residence; therefore, you may not live in the unit.
• Immediately cease using the storage unit as a residence.
Failure to comply within fifteen (15) days from receipt of this Notice shall result in further
action, as outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape
Canaveral, (321) 868-1222.
buree Alexander
Code Enforcement Officer
City of Cape Canaveral
Community •Economic Development Department
THE CITY OF CAPE CANAVERAL CASE No, 2014-00042
A Florida Municipal Corporation, DATE: 06/04/2014
Complainant,
V.
Respondent(s):
Russell L. Moots
Location of the Violation:
226 Polk Avenue, Cape Canaveral, FL 32920
PACEL ID: 24 -37 -23 -CG -00042.0-0010.00
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on June
19, 2014, at 6:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape
Canaveral Library, 201 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice of Repeat
Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s)
is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of
Cape Canaveral Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: info( a �cityofcapecanaveral org
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT
COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE
ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS
MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE BASED.
DATED this 4th day of June, 2014
Brian Palmer, Code Enforcement Officer
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, Fl, 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
ww.w-cltyofqapecan4yeral.org e-mail: info cit gfeapegalLav
C I
*ty of Cape Canaveral
Community & Economic Development Department
THE CITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
im
Owners of the property located at;
226Polk Avenue, Cape Canaveral, FL 32920
PACEL ID: 24-37-23--CG-00042.0-0010,00
Respondent(s):
Russell L. Moots,
CASF, NO. 2014-00042
Date: 5/23/14
PURSUANT to Section 162,06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice
of violation(s) of the City of Cape Canaveral Code of Ordinances, as more specifically
described below. Respondent(s) is/are hereby notified that a corrective action(s) to cure the
violation(s) described below is/are to be voluntarily performed within fifteen (15) days.
In the event that the violations(s) is/are not corrected within the time period set forth above or
the violations(s) recur(s) even if the violations(s) is/are corrected at the time of hearing
Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the
City of Cape Canaveral, and a penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the
violation(s) and penalties may be assessed up to $250 per day for each first violation or up to
$500 per day for each repeat violation described in this notice until the violations(s) has/ have
been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME
PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE
CODE ENFORCMENT OFFICER AND REQUEST AN INSPECTION.
1. Property where violation(s) exit(s):
226Polk Avenue, Cape Canaveral, FL 32920
PARCEL 11D: 24 -37 -23 -CG -00042.0-0010,00
2. Name and address of owner(s) of property where violation(s) exist:
Russell L. Moots
226 Polk Avenue
Cape Canaveral, FL 32920
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247
Staff has received numerous complaints regarding the condition of your property and you
allowing homeless to reside in your shed. During the most recent visit the more violations were
noted on your property. On May 16t' 2014 we received a complaint from the Brevard County
Sheriff's Office stating they were at the property with the City of Cocoa shutting off the water
for lack of payment. On May 19 2014 we conducted a site visit and confirmed the water had
been shut off. The residence was posted "Unfit for Human Occupancy" and all individuals
were informed they needed to vacate the premises.
3. Description of Violation(s) at property: Sec. 110- 295, Prohibited uses and structures;
In the R-2 medium density residential district, all uses and structures not specifically or
provisionally permitted in this division are prohibited.
Sec. 82-221, International Property Maintenance Code Adopted;
The International Property Maintenance Code, (IPMC) 1998 edition, as published by the
International Code Council, is hereby adopted by reference and incorporated herein as if fully
set out.
IPMC Sec. 302.1 Sanitation; All exterior property and premises shall be maintained in a clean,
safe and sanitary condition. The occupant shall keep that part of the exierior property which
such occupant occupies or controls in a clean and sanitary condition.
IPMC Sec. 303.14, Window, Skylight and Door Frames; All exterior walls shall be free from
holes, breaks, loose or rotting materials; and maintained weatherproof and properly surface
coated where required to prevent deterioration.
IPMC Sec. 304.3 Interior surfaces; All interior surfaces, including windows and doors, shall be
maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster,
decayed wood, and other defective surface conditions shall be corrected.
Sec. 34-176, Definitions; Inoperable Motor Vehicle, in part; the absence of a license plate for
the current year and/or the absence of a current motor vehicle registration shall be prima facie
evidence that such motor vehicle is inoperable.
IPMC Sec. 505.3 Supply; The water supply system shall be installed and maintained to provide
a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at
pressures adequate to enable the fixtures to function properly, safely, and free from defects and
leaks.
7510 N Atlantic Avenue — P.O. Box 326 Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 Fax (321) 868-1247
4. Recommendation(s) to c
• Repair all windows
• Maintain exterior of the property
overgrowth.
• Do not allow individuals to live anywhere on the property other than the
primary structure.
Failure to comply within (15) days from receipt of this Notice shall result in further action, as
outlined in the previous page(s) of this Notice of Violation.
If you have any questions regarding this Notice of Violation or the recommendations contained
herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of
Cape Canaveral, (321) 868-1222.
Brian Palmer
Code Enforcement {officer
7510 N .Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 — Fax (321) 868-1247